The single industrial license applicant may challenge the decision of a competent authority not to issue the documents provided for in art.4 letter g) of Government Emergency Ordinance no.140 of 2022 on the single industrial license, as subsequently amended and supplemented, within the procedure for obtaining such a document initiated through PCUEL, or may opt, as the case may be, to resume the procedure if the elements that led to the refusal of an approval/authorization/permit/etc. have been corrected, modified or eliminated and would no longer constitute an impediment to obtaining it.

The contestation procedure requires the existence of a negative opinion from one of the competent authorities involved in the process of granting the SIL, possibly accompanied by the reasoning of that authority, reasoning which specifies the factual and legal grounds leading to the impossibility of granting it favorably.

In such a situation, the applicant may challenge the decision of the respective authority by filing a prior complaint (contest) in accordance with the provisions of art. 7 of Law no.554/2004 on administrative litigation, also indicating the evidence they intend to use and the reasons they consider relevant in demonstrating a different factual or legal situation than the one retained by the authority whose decision is being challenged.

The submission of the prior complaint (contest) and, where appropriate, of the accompanying documents, is made via PCUEL, automatically, to the authority whose decision is being challenged, and has a suspensive effect on the issuance of the single industrial license, until the expiration of its issuance term. The Office for Industrial License does not grant the single industrial license if at least one of the competent authorities has found that the legal conditions for issuing the administrative act within its competence are not fulfilled, according to the provisions of art.13 para.(8) of Government Emergency Ordinance no.140/2022.

If the competent authority maintains its initial decision after reviewing the prior complaint or does not respond within 30 days, the applicant may address the court (Tribunal) of their domicile/headquarters for the annulment or modification of the contested administrative act.

The procedure continues in accordance with the provisions of Law no.554/2004 on administrative litigation and the Civil Procedure Code, before the competent courts. The decision rendered at first instance may be challenged by appeal, under the conditions and within the time limits set by the legislative acts mentioned above.